Gregory, Gwendolyn H. (1987). Supreme Court Update. Supreme Court decisions made during the previous and present terms as well as some that will be rendered next term are discussed. Among the cases, the following are of particular relevance to school board members. In "Memphis Community Schools v. Stachura" the Court declared that damages based on the "value" of constitutional rights are not truly compensatory. The Court has agreed to hear, under the Education for All Handicapped Children Act, "Honig v. Doe" on the subject of discipline of handicapped children. In "Meritor Savings Bank v. Vinson" the Court ruled that employers are not always automatically liable for sexual harassment by their supervisory employees. In the case of "Ansonia Board of Education v. Philbrook" the Court ruled that an employer need only offer "a reasonable accommodation" to an employee's religious belief to meet its obligation under Title VII. In "Wygant v. Jackson Board of Education" the…

Arbetman, Lee; Perry, Michelle (1997). Search and Seizure: The Meaning of the Fourth Amendment Today. Social Education, v61 n5 p273-78 Sep. Traces the application of the constitutional protection from "unreasonable searches and seizures" as it has evolved in response to public attitudes and changes in technology. Includes a synopsis of relevant cases and two lesson plans. The cases concern a police search through trash bags and drug testing for athletes. (MJP)…

Runyan, M. Kay; Smith, Joseph F., Jr. (1991). Identifying and Accommodating Learning Disabled Law School Students. Journal of Legal Education, v41 n3-4 p317-49 Sep-Dec. This article explains the nature of learning disabilities and suggests accommodations (e.g., test modifications, course modifications, academic support services) that law schools can make in the light of federal law and litigation protecting the rights of disabled students. Interviews with two learning-disabled attorneys, a glossary, and student questionnaires are included. (Author/DB)…

Bradt, Patricia T. (2006). Darwin versus Intelligent Design in US Courts: Does Teaching Intelligent Design in Biology Classes Violate the US Constitution?. Forum on Public Policy Online, v2006 n1 Fall. Darwinian evolution is accepted by the great majority of scientists as the method by which the diversity of earth's organisms, including humans, evolved. Current research continues to expand our knowledge of evolutionary mechanisms. However, certain religious groups, supporting teaching the creation of earth's species as outlined in Genesis ("Creationism"), challenge in US courts teaching only Darwinian evolution in biology classes. The Courts must decide whether teaching creationism violates the Constitution's First Amendment prohibiting government "establishment of religion". In a 2005 challenge (US District Court, Pennsylvania), a local school board mandated a disclaimer be read to biology classes stating there were gaps in Darwin's theory and that "Intelligent Design" (ID), propounded as science, provided a different explanation of life's origins. ID proposes that many living structures exhibit "irreducible complexity", could not have… [PDF]

(2006). TN Part C State Annual Performance Report. State of Tennessee Department of Education, Division of Special Education Annual Performance Plan, 2005-2006. Tennessee Department of Education Part C, IDEA State Performance Plan (SPP) for Tennessee was developed in conjunction with and approved by the state's Interagency Coordinating Council. The public will be made aware of the status of each Early Intervention Service Program's performance as it relates to the Targets outlined in Tennessee's SPP. The public will also be made aware of the status of each Early Intervention Service Program's performance as related to the targets designated by the SPP. Fourteen indicators are reported: (1) Timeliness of Services; (2) Natural Environments; (3) Child Outcomes; (4) Family Outcomes; (5) Birth to One Comparison Data; (6) Birth through Two Comparison Data; (7) Timeliness of IFSPs; (8) Timeliness of Transitions; (9) Statewide Monitoring of Corrections and Noncompliance; (10) Timeliness of Written Complaints; (11) Timeliness of Due Process Hearings; (12) Resolution Sessions; (13) Mediation Agreements; and (14) Timeliness and Accuracy of State Reported Data. Attachments include: (1)… [PDF]

David, Miriam E.; Langa Rosado, Delia (2006). "A Massive University or a University for the Masses?": Continuity and Change in Higher Education in Spain and England. Journal of Education Policy, v21 n3 p343-365 May. This paper discusses whether the massification of higher education (HE) in the majority of developed countries over the last few decades has led to changes in the form of involvement in universities for the masses, or massive universities for the expanding middle classes. Situating our argument with the evidence of massive expansion of HE in England and Spain, and using Bourdieu's theoretical framework, we compare two studies that looked at whether these changes led to a revised structuring of educational opportunities by social class and to universities accessible to the masses or merely massive universities. The English study considered the choices, and the Spanish study, the experiences of students and how they felt about being students. Our conclusions stress the relation between the social construction of the category "youth" or young people in relation to HE, and the different structures of economic rights and duties of different social classes. While upper and middle… [Direct]

Fitch, Nancy Elizabeth (1988). Expressions of Liberty. The concept of liberty has been in the forefront of the minds of African Americans ever since the beginning of slavery, and its importance continues to the present. To cope with the inability to achieve complete freedom, and with the oppressive state created by a lack of liberty, they developed ways to express their feelings about the elusiveness of freedom. The African American vision of liberty was born in the experiences of capture, the "Middle Passage" across the Atlantic, and slavery in the Americas. The creation of the black church was one of the most important efforts to achieve a semblance of freedom and independence. The members of the African Methodist Episcopal (A.M.E.) Church and the African Methodist Episcopal Zion (A.M.E.Z.) Church have a tradition of taking leadership roles in the black community that goes back to the African priest-warriors. Preaching and oratory also compensated for proscriptions against teaching slaves to read and write. The many written,… [PDF]

Patrick, John J. (1987). The U.S. Constitution. A Teacher's Guide. Six 30-Minute Video Programs for Junior High and High School Students. This teacher's guide was designed to accompany six 30-minute video programs on the fundamental constitutional principles that form this nation's foundation. Each lesson in the guide contains an introduction to the main ideas of the program, a program summary, and suggested activities to carry out before and after the program. The topics emphasized in the series are: (1) limited government and the rule of law; (2) federalism; (3) separation of powers with checks and balances; (4) freedom of expression; (5) equal protection of the laws; and (6) the U.S. Constitution and the economy. Under the principles of limited government and rule of law, government officials cannot behave arbitrarily when enforcing law nor are they above the law. The national and state governments exercise powers separately and within constitutional limits under the principle of federalism. The system of checks and balances ensures a government with powers sufficient to act effectively and limitations sufficient… [PDF]

Dow, Ruth McNabb (1976). Changing Societal Roles and Teaching. This handbook for home economics teachers as well as those teaching social studies and consumer education is designed to provide content and numerous student activities that explore the nature and effects of changing roles in society, particularly sex-related roles. The handbook begins with a brief section containing ten short single paragraph case situations involving sexually biased attitudes and practices; and content on the effects of socialization and sex role stereotyping, coping as a single person, employability at any age, and sharing roles. The remainder of this booklet covers seven topics, with each including specific content, numerous suggested classroom activities (some involve the use of the ten aforementioned case situations), and teaching objectives and evaluative techniques for some of the activities. The seven topics and some of their subdivisions follow: recognizing and breaking the stereotype mold, socializing males and females (remaining single, later marriage,…

Barlow, Andrew (1991). The Student Movement of the 1960s and the Politics of Race. Journal of Ethnic Studies, v19 n3 p1-22 Fall. Student activists of the 1960s participated in different student movements with distinct racial and national identities. The causes and consequences of racial segmentation that made white students and students of color behave differently are examined. Even the abrupt decline of campus movements in the 1970s reflects profound racial segmentation. (SLD)…

Edwards, Debra L.; Shoop, Robert J. (1994). How To Stop Sexual Harassment in Our Schools: A Handbook and Curriculum Guide for Administrators and Teachers. Some educators continue to believe that sexual harassment is not a serious problem for their students. This book presents evidence to the contrary, citing statistics from recent surveys in which four out of five students reported that they have been the target of some form of sexual harassment during school. Part 1, comprised of seven chapters, defines sexual harassment and examines its extent, causes, consequences, and legal aspects. They offer a framework for investigating a complaint, conducting a hearing, and implementing a sexual-harassment prevention program at the building and school-district levels. The programs seek to eradicate staff-to-student, student-to-student, and student-to-staff harassment. Part 2 contains detailed curriculum guides, specific class activities, and sample bibliographies for grades K-3, 4-6, and 7-12. Seven charts are included. Appendices contain sample policies and forms, a summary of Equal Opportunity Commission (EEOC) guidelines, a description of…

Hayden, Mary F., Ed.; And Others (1995). Institution Closures. IMPACT, v9 n1 Win 1995-96. This newsletter theme issue focuses on the need to accelerate the closing of institutions for people with mental retardation. Articles are by both current and former residents of institutions and by professionals, and include: \The Realities of Institutions\ (Tia Nelis); \I Cry Out So That I Won't Go Insane\ (Mary F. Hayden); \Trends in Institution Closure\ (K. Charlie Lakin and Robert Prouty); \Deinstitutionalization Litigation: Experiences and Outcomes\ (Judith A. Gran); \Thoughts and Impressions on Institutional Closure\ (Steve Taylor); \Inside and Out: Former Residents Reflect on Their Lives\ (Russell Daniels and Mark Samis); \Operation Close the Doors: Working for Freedom\ (Tia Nelis and Nancy Ward); \On the Outside Looking In\ (Ruthie-Marie Beckwith); \There Is a Hell: One Parent's Story\ (Kathy Hayduke); \Parental Attitudes toward Deinstitutionalization\ (Lynda Anderson and Sheryl A. Larson); \Voluntary Closure: The Homeward Bound' Experience\ (Donna Hoverman); \Community… [PDF]

Barton, Len; And Others (1992). Disability and the Necessity for a Socio-Political Perspective. Monograph #51. This monograph on international disability issues offers three main papers giving English, Australian, and New Zealand viewpoints. The first paper is by Len Barton from England and is titled "Disability and the Necessity for a Socio-Political Perspective." Barton attacks the medical model of disability and argues that people with disabilities ought to change the political discourse about disability to one involving rights and choices tied to political action. He urges them to develop a political and social movement to further their ends. Keith Ballard comments on Barton's paper in "A Socio-Political Perspective on Disability: A Comment from the New Zealand Context" and relates it to the mainstreaming debate in education. He compares the stigmatization of children with disabilities to that of the Maori minority in New Zealand and calls for a public discourse that includes the voices of all oppressed groups. In "Pigs' Tails and Peer Workers, the View from… [PDF]

(1990). Equity in World History: Women in World History. A Training Module. Equity in Education. The Alaska Project. This world history equity module was developed as a teacher training resource for use by Alaska local school districts. The manual is divided to facilitate the development of district professional development activities as well as to provide specific examples for inclusion of women in the curriculum. Alaska has one of the strongest state sex discrimination laws in the United States. This manual is an attempt to aid school districts in meeting the requirement for sex equity training and increasing awareness of sex bias. A training workshop agenda would focus on the following: (1) Introductions; (2) Women's World, Men's World; (3) Thirty-nine Guests at The Dinner Table; (4) Sharing Ideas for Women's World History; and (5) Closure: Does it Matter That We Don't Teach Women's History? Biographies of 39 notable women and activities are included for this 3-hour workshop. (EH)… [PDF]

Durham, Frank (1993). Ethos in Action: Public Relations at the Highlander Folk School, 1955-1956. An examination of Rosa Parks' relationship with the Highlander Folk School from the first encounter in 1955 through Labor Day of 1956 provides a new understanding of the school's public relations program that sought to end segregation in the Jim Crow South. Myles Horton founded Highlander in 1932 to provide an adult residential center in the South for the development of community leaders among school, church, civic, labor, and farm groups. By the time Parks first visited in 1955, Highlander had already compiled an impressive record of training Southern community leaders. Although Parks was not sent to Montgomery from Highlander to start a boycott, the city's black community was primed for the opportunity that her arrest presented. Personal circumstances combined to encourage Highlander to recruit Parks for their continuing efforts. The conscious development of feedback from participants such as Parks served to develop the school's activist agenda for the Freedom movement…. [PDF]

Parette, Phil (1993). The Americans with Disabilities Act (ADA) and Child Care Providers: Increasing Service Access for Young Children with Disabilities and Families. This presentation addresses aspects of the Americans with Disabilities Act of relevance to day care centers in Arkansas. First, Title I of the Act which addresses discrimination in employment is summarized including definition of "individual with a disability," reasonable accommodations, identifying essential functions, want ads, application forms, references, and medical exams. Next, aspects of Title III, which prohibits discrimination against the full and equal enjoyment of goods and services, are considered. These include integrated programs, barrier free access, policies and procedures, and "readily achievable" accommodations, reasonable modifications, and provision of auxiliary aids and services, terminology, and suggestions for relating to people with disabilities. Schedules for accomplishing the elimination of barriers are described for new construction, alterations to existing structures, and removal of barriers in existing facilities. Seven steps for a… [PDF]

Goldberg, Daniel; Goldberg, Marge (1993). The Americans with Disabilities Act. A Guide for People with Disabilities, Their Families, and Advocates. The Americans with Disabilities Act (ADA) of 1990 outlaws discrimination against people with disabilities. It is a bold and comprehensive law affecting employment, transportation, services provided by state and local government, services and accommodations offered by private businesses, and telecommunication access for people with communication impairments. This guide devotes one section to each of the law's four Titles. The section on employment (Title I of the ADA) reviews requirements concerning: employers and activities covered, the meaning of a "qualified individual with a disability," the concept of direct threat, pre-employment inquiry about disabilities, medical exams, medical insurance, and rights and remedies. The section on public services (Title II) covers: public service providers, accessibility including reasonable modifications, rules of integration, publicly funded/operated transportation, and rights and remedies. Title III is on public accommodations and… [PDF]

(1992). Selection of Least Restrictive Behavioral Interventions for Use with Students with Disabilities. Appendix H to the Utah State Board of Education Special Education Rules. The purpose of these Utah behavioral intervention policies and procedures is to provide state-of-the-art guidelines for educators dealing with the behavior problems of students with disabilities. The standards serve to assure that students have access to effective education procedures and due process, and that school districts minimize their risk of being involved in due process hearings and litigation. The guidebook describes the functions, composition, and responsibilities of the Utah State Office of Education Human Rights Committee, the Professional Peer Review Committee, local human rights committees, and the Individualized Education Program Team. It provides sample forms for summarizing interventions, acquiring parental consent, summarizing committee actions, and implementing emergency procedures. Behavioral interventions are then discussed, including: (1) preliminary strategies such as environmental engineering, pacing, home notes, precision commands, and parent conferences;… [PDF]

Milne, Rosemary (1993). Bilingual Preschool Programs: Future Directions. Language policy in Australia has evolved in three phases, with three kinds of argumentation prevailing in public attitudes. In the first phase (1945 to the mid 1970s), maintenance of the first language by non-English-speaking-background (NESB) immigrants was considered a hindrance to assimilation and educational achievement, and thus abandonment of the first language was encouraged. In the second phase (beginning in the mid-1970s), first language maintenance came to be seen as a right, either for protection of cultural identity or for educational equity. Although this view remained controversial, Australia's first bilingual education programs were developed during this phase. In the third phase (late 1980s), bilingual education was seen as beneficial not only to NESB students but also to English-speaking-background (ESB) students, for whom knowledge of a second language was considered economically advantageous. For advocates of bilingual education, this argument has the drawback… [PDF]

McIntyre, Jerilyn S. (1993). University Policies and Procedures on Sexual Harassment. Sexual harassment complaints are challenges to the abuse of power in certain kinds of communicative relationships, and sexual harassment policies and procedures are ways of defining the responsible exercise of power and providing the means to address grievances that result from irresponsible and potentially harmful uses of power in those relationships. Harassment in colleges and universities can be particularly abusive, especially in relationships between faculty and students, because of the special character of trust and dependency that exists. Procedural fairness for all parties to a complaint can be assured if guidelines are developed; distributed and communicated widely among faculty, staff, and students; and training takes place. The guidelines should include both formal and informal remedies. Informal communicative remedies work best where the desired outcome is simply to bring the harassment to an end, and not necessarily to punish or expose those accused of harassment…. [PDF]

Kelly, Jan W. (1993). Women in Academe: Historical and Sociological Perspectives. This paper examines the unequal status of women in academic life from the ideological framework of the women's movement and issues a call to action to change this position. The paper discusses the following issues: (1) persons in the majority culture highlight the differences between them and the minority by exaggerating their culture; (2) the imbalance in numbers causes people to be preoccupied with how to behave toward each other; (3) most curricular materials effectively eliminate women or perpetuate sex role stereotyping; (4) universities that engage only one half of its population in its governance, conduct, and exchange of ideas lack a balanced viewpoint; (5) women academics are victims of sexual harassment, which also impacts on women's equality; and (7) the movement of women into equal ranks in the academy is a threat to its very existence as a patriarchy. The paper concludes that women must take it upon themselves to protest unequal treatment and sexism in their workplace,… [PDF]

Schultz, Phyllis (1983). Religion and the Public Schools. Streamlined Seminar, v2 n1 Sep. A newsletter provides legal background and guidelines for celebrating religious holidays in the classroom. Material is divided into separate sections discussing the First Amendment, Supreme Court decisions regarding public schools and religious observances, specific "establishment clause" cases, specific "free exercise clause" cases, the school prayer issue, compliance, methods for solving school-based religious controversies, tuition tax credits, and methods for dealing with court challenges. (LP)…

Travis, Thomas G. (1976). Affirmative Action on Campus: How Firm the Foundation?. Journal of the NAWDAC, 38, 2, 50-56, Win 76. The author discusses the various legal and practical aspects of affirmative action on campuses in various educational fields. He concludes that although affirmative action programs are required by law their future depends on compliance by consensus, which seems to be lacking. (SE)…

Thomas, Piri (1975). A Bicentennial Without a Puerto Rican Colony. Crisis, 82, 10, 407-410, Dec 75. The United States revolution of 1776 is said to lose validity in light of Puerto Rico's colonial situation under American rule. The plight of the Puerto Rican people is compared to that of the Euro-American settlers under the thumb-screw of British imperialism. (Author/AM)…

Shannon, Tom (1975). Point of Law. California School Boards, 34, 3, 21-22, Mar 75. Discusses the role of the courts in reviewing the dismissal of a probationary teacher. Examines the principles of \substantial evidence\ and \independent judgment.\ (Published by California School Boards Association, 800 9th Street, Suite 201, Sacramento, California 95814) (WM)…

Walden, John C. (1975). Insubordination. National Elementary Principal, 54, 3, 72-74, Jan-Feb 75. Courts will generally support the dismissal of an employee who fails to follow the legitimate orders of his or her superior or who is so verbally abusive of his superior that the school's effectiveness is imparied. (Author)…

Fleming, Harold C. (1975). Brown and the Three Rs: Race, Residence, and Resegregation. Journal of Law and Education, 4, 1, 8-14, Jan 75. Traces school desegregation from 1954 through four presidents' administrations and links school desegregation problems with housing patterns in metropolitan areas. (DW)…

Sloane, Martin E. (1975). Milliken v. Bradley in Perspective. Journal of Law and Education, 4, 1, 209-213, Jan 75. Suggests that the Milliken decision focused the Court's attention on the interrelationship between school segregation and residential segregation and may have laid the basis for successful legal action in the future. (Author/DW)…

(1987). Law in the Workplace. You and the Law Series. Meant to help both employees and employers avoid problems by generally explaining the law of the workplace and suggesting places to turn for further information concerning particular situations, this booklet is presented in a question/answer format. The areas covered and their subtopics are as follows: (1) recruiting and hiring; (2) employees' rights and responsibilities on the job–wages and hours, job safety, employee privacy, unions and collective bargaining, discrimination, unique rights of government employees, and performance reviews and discipline; (3) out of work–job security, unemployment benefits, social security disability, workers' compensation, special disability plans; and (4) planning for retirement–social security, pension plans. The booklet concludes with a section on where to get more information. (JB)…

Rose, Jane Atteridge (1989). Lillie Buffum Chace Wyman: Writing for Reform. A collection of eight short stories first published in 1886 in "Atlantic Monthly" under the title "Poverty Grass" is worth recovering, particularly now in light of renewed critical interest in history, culture, and feminism. Written by a 19th century activist and documentarian of social reform named Lillie Buffum Chace Wyman, these regional stories of New England factory and village life are striking for their depiction of truth in fiction. Most notable today, perhaps, is Wyman's commitment to individuals marginalized by 19th century American experience: the immigrant, the uneducated, the impoverished, the handicapped, and the female. One of these stories of persons struggling against odds is "The Child of the State" in which Wyman accuses the criminal justice system of inhumanity as well as inefficacy, particularly in its treatment of female youth. The short story illustrates Wyman's masterful use of formulaic plot and documentary style, stripped of…